Advance Health Care
In Australia currently, there is no consistency across the various states and territories in regards to rules and regulations around advance health care planning. Some have one approved form through to others having multiple types of written directions being acceptable.
Below you will find the current information for all of the states and territories to assist you. This information is current as at February 7, 2015. While I try to ensure that this information is always current, I recommend that you confirm that the information applicable to you is still valid.
I absolutely believe in the value of completing one of these documents as well, particularly given that they are legally binding on medical personnel in varying degrees. I would highly recommend that you ensure that the person you nominate to be your advocate/attorney/guardian for these matters be someone who is very clear on your wishes and will jump up and down if necessary to ensure that your wishes are honoured.
Australian Capital Territory
The form name in the ACT is Advance Care Plan.
They have 2 separate documents. One for if you are competent and the other to be completed by under either Guardianship or Enduring Power of Attorney.
More information can be found by clicking these links…
New South Wales
The form name in NSW is Advance Care Directive.
They do not have just one legally approved document. Rather, there are over 20 templates currently in use that are all legally binding. This website provides information and links. Also interesting to note is that no formal form is required to be legally binding. Anything written can be legally enforceable and it does not need to be witnessed.
The form name in NT is Advance Personal Plan
The form is accessible by clicking on this link. They also suggest registering the plan with the public trustee.
The form name in Qld is Advance Health Directive.
This is probably the most comprehensive of all the approved forms and is available by clicking on the below link.
The form name in SA is Advance Care Directive.
This form also encompasses and replaces Enduring Power of Guardianship, Medical Power of Attorney and Anticipatory Direction forms. It has an option for being completed online.
The form name in Tas is Enduring Guardianship.
Unless this form is completed as part of the Enduring Guardian process, it has no legal standing. Power of Attorney in Tasmania solely relates to financial matters. Fees apply for registering the document.
The form name in Vic is Advance Care Plan.
Like NSW, Victoria does not have one approved form. They are working towards a more conversation based/outcome focused response.
The form name in WA is Advance Health Directive
This form requires 2 witnesses, one of whom must be able to witness Statutory Declarations.